Loudoun County Public Schools Faces $30 Million Lawsuit Over Alleged Sexual Assault Cover-Up and Policy 8040 Fallout

LOUDOUN COUNTY, VA – Loudoun County Public Schools (LCPS) is facing a $30 million civil rights lawsuit alleging a cover-up of a sexual assault to protect controversial Policy 8040, which governs transgender student facility access. The litigation, filed by the family of a teenage girl identified as "Jane Doe," seeks justice and compensation for damages incurred. Scott T. Smith, the victim's father, stated on social media, > "LCPS covered up the rape of our daughter to protect policy 8040 and then attempted to destroy us because we spoke up. 4 years later with ongoing litigation we intend to get our daughter justice and compensation for the damages LCPS has caused scarring her for life."

The lawsuit stems from a May 2021 incident where a male student sexually assaulted a female student in a Stone Bridge High School restroom. This student was subsequently transferred to Broad Run High School, where he committed a second sexual assault in October 2021. Critics allege that LCPS officials, including then-Superintendent Scott Ziegler, downplayed or denied the initial assault to facilitate the passage of Policy 8040.

Former Superintendent Scott Ziegler publicly denied knowledge of any sexual assaults in school bathrooms at a June 2021 school board meeting, despite having been informed of the Stone Bridge incident via email. Ziegler was later convicted of a retaliatory firing related to the handling of these events, and a grand jury report criticized the school district for its actions. The victim's family claims LCPS failed to adhere to Title IX protocols and attempted to avoid reporting the assault to law enforcement.

The controversy surrounding Policy 8040 intensified as parents and community members debated its implications for student safety and privacy. The policy allows students to use restrooms and locker rooms corresponding to their gender identity. The family's lawsuit contends that the school district's actions created an environment that prioritized policy implementation over student protection.

Virginia Attorney General Jason Miyares has also investigated LCPS's handling of student incidents, referring a more recent case involving male students' discomfort with a transgender student in a locker room to federal authorities. The ongoing legal battles and public scrutiny highlight the deep divisions and challenges LCPS continues to navigate regarding student safety, policy, and accountability. The Smith family's pursuit of a $30 million settlement underscores the significant impact of these events on their daughter and their determination to hold the school system responsible.